Marital Separation Agreement Template
All states
Which States Do Not Recognize the Separation Agreement?
Some U.S. states — like Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas — don’t officially recognize legal separation. That means a marriage separation agreement might not be accepted by a court and won’t hold up if there’s a disagreement later on.
If you live in one of these states, it’s better to use a different type of legal document — like a postnuptial agreement (a contract between spouses made after marriage) or a Petition for Support (a request for financial help without filing for divorce).
What Does a Separation Agreement Template Include?
A marriage separation agreement PDF format usually includes:
Who lives where;
How to divide property and debts;
Spousal support (if one person will pay the other money);
Child custody and visitation;
Child support (how much one parent will pay for the children).
Who Should Use a Template for Legal Separation Agreement?
Any married couple or domestic partners who are separating but not yet divorcing can use separation papers. It helps avoid confusion and arguments by putting everything in writing.
How To Fill Out a Seraration Agreement?
1. People involved
Start by adding the date the marital separation agreement is being made, and the names and addresses of both people.
This Separation Agreement (the "Agreement") is entered into on March 15, 2025 (the "Effective Date") by and between Anna Reed (the "Party 1"), an individual residing at 321 Maple St, Atlanta, GA, and David Reed (the "Party 2"), an individual residing at 142 Oak Ave, Atlanta, GA, collectively referred to as the "Parties".
2. Marriage and separation details
Fill in the separation paperwork: when and where the couple got married and when they agreed to separate.
WHEREAS the Parties were married on June 10, 2012 in Atlanta, Georgia, but from February 1, 2025, the Parties have agreed to live separately and apart.
3. Finances — accounts, debts, and property costs
This section of the divorce separation agreement is about who gets which bank accounts, who handles debts, and how property expenses are shared.
Accounts. The Parties agree to distribute their bank accounts as follows:
Party 1 keeps the joint checking account at Wells Fargo. Party 2 keeps the savings account at Bank of America.
Debts. The Parties consent to the following allocation of marital debts:
Party 2 will pay off the remaining car loan. Party 1 will cover the shared credit card balance.
Maintenance. The Parties agree to allocate the maintenance property expenses as follows:
Each Party will pay 50% of property taxes and home insurance until the house is sold.
4. Alimony / Spousal support
Here, you need to write how much alimony (spousal support) will be paid, how often, and when it starts and ends.
Party 1 shall pay Party 2 alimony of $50 per day (the "Alimony"), commencing on March 20, 2025. The Alimony payments shall continue until December 31, 2025, or until further court order, death of either Party, or Party 2’s remarriage, whichever occurs first.
The Alimony shall be paid by cash.
5. Tax filing
This is where both people agree on how they will file their taxes moving forward.
The Parties agree to file their individual federal and state income tax returns for the tax year 2025 and all future years as married filing separately, unless the law requires something else. Each Party is responsible for their own taxes. They won’t claim deductions or income belonging to the other.
6. Term and termination
In the “Term and Termination” section, write about how long the agreement lasts, and how it can be ended.
This Agreement shall continue until December 31, 2025, or until further court order, death of either Party, or divorce, whichever comes first. Either Party may terminate this Agreement without cause by giving 30 days’ written notice. The agreement about dividing property will still apply even after the agreement ends.
7. Sign the separation papers
Both parties need to sign and date the form to make it official. You may also want to have separation documents notarized.
How Should Spouses Divide Property in a Marriage Separation Agreement?
The way you and your spouse split your things depends on what you own and your personal situation. Usually, each person keeps what they owned before the marriage, and you divide what you bought or earned together.
Here’s how to start dividing shared property in legal separation papers:
- Make a full list of what you own together
Include anything shared, such as cars, furniture, electronics, jewelry, and any property that’s not your main home. Use a sample separation agreement if needed. - Figure out how much each item is worth
Estimate the value of everything on your list. For valuable items like a house or rare collectibles, it’s a good idea to get a professional to help with the pricing. - Decide who keeps what
Go through the list and agree on who gets each item. Sometimes it makes sense to swap — for example, one person keeps the car, while the other gets a few smaller items of equal value. Aim for a fair and balanced split.
How Do I Calculate Spousal Support in a Legal Separation Agreement?
Spousal support (also called alimony or maintenance) is money one spouse pays the other after separating. It’s meant to help keep things fair, especially if one person made financial sacrifices during the marriage or earned less income.
Here are six important things to think about when deciding how much support is fair:
You can agree on an amount that feels fair. Or, use online calculators for your state to get a rough estimate. If unsure, ask a lawyer.
How long were you married
Longer marriages often lead to longer or higher support payments, especially if one spouse relied financially on the other.Your lifestyle during the marriage
The goal is usually to help both people keep a similar standard of living after the separation.The paying spouse’s financial future
If one spouse is likely to earn more or has a high-paying job, they may be expected to contribute more.The receiving spouse’s financial future
If one spouse has fewer job prospects or stayed home to raise kids, they may need more support.Health and age of both spouses
Younger and healthier spouses may only need short-term help. Older or less healthy spouses might need more long-term support.Contributions and sacrifices during the marriage
If one spouse gave up their career or supported the other’s education or business, that’s taken into account and may increase the support amount.
